Trademark registration Suriname

Do you want to apply for trademark protection in Suriname? Unlike most other countries, the South American country has no first-to-file jurisdiction. This means that the person or company that first uses a trademark within this territory is assigned the rights to it. However, it is recommended to register a trademark in Suriname, because this clearly shows ownership and reduces the chance of future conflicts. The use of a trademark on the Surinamese market prior to registration is not a condition.

The current trademark law in Suriname is very similar to the laws that applied in the Netherlands before the Benelux trademark law was passed in 1969. In Suriname there is no registration for the regulation of service marks. Most entrepreneurs who register a brand name in Suriname are therefore entrepreneurs who want to have a product protected. There is, however, a special, local designation for the classes of services. It is possible to apply for a trademark in multiple classes. From four classes, additional costs apply.

Although it is not mandatory, it is wise to precede the registration procedure with a trademark search. This concerns an investigation into the possible existence of the same trademark or brands that closely resemble it. The Surinamese office for intellectual property needs twelve to eighteen months after submitting the application to assess it. Due to regular backlogs with this agency, the time frame can vary widely.

The review by the intellectual property office includes a formal review of the distinctiveness of the trademark you intend to use, followed by a substantive review. During this second assessment, it is checked whether the trademark you want to apply for in Suriname meets the legal regulations for trademarks. If this is the case, it will be published in the ‘Advertentieblad van de Republic Suriname’, the official trade gazette. The opposition period following this publication is considerably longer than in most other countries: six months.

If the brand that you want to register in Suriname consists of several elements – for example a word element and a figurative element – then the protection resulting from the registration only applies to the exact combination, as submitted to the Surinamese intellectual property office. This means that in practice you can use the individual elements of your brand for promotional purposes, but that they are not protected.

Third parties can use this element of your trademark for their own commercial campaigns. Obviously, in most cases this has a major influence on your distinctive brand awareness and the turnover you make with your product or service. You cannot object to this, unless this party offers products that are the same or very similar to yours. To prevent the use of trademarked elements by others, please submit a separate application for this specific element.